Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Where arbitration has been agreed to, no claims reach court. Courts are constantly called upon to describe the boundaries of this absolute exclusion. In a… Read More »Arbitration Pulls in Corporation That Didn’t Exist When Principals Agreed to Arbitrate
A recent Massachusetts case confirms, again, that Court review of arbitration awards is begrudging and very limited. Below is a brief of CONWAY v CLC… Read More »Dim Hope of Arbitration Award Review – Excess of Authority = Lone Basis
Massachusetts updated its rules for lawyers in March 2014. How would such rules govern Project Counsel on an IPD project engaged to meld the parties… Read More »Project Counsel Governed by 3rd Party Neutral Rules?
You have to want to integrate Contractors’ walking off a Denver VA Hospital project, was justified by a decision of the Civilian Board of Contract… Read More »Integrated Contracts No Good If Owners Can Ignore Reality
A Massachusetts doctor, who didn’t sign an arbitration agreement between a nursing home and its patient, couldn’t be forced to take part in the arbitration,… Read More »Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
STATE ROOM, INC. v MA-60 STATE ASSOCAITES LLC 84 Mass App Ct 244 (2013) FACTS A lease set rent for the option term beginning 2010… Read More »Expensive Attack on Agreed Process for Appraiser Fails
In a characteristically astringent opinion Massachusetts Appeals Court Judge Brown called out excessive legal expenses as wasteful. Here, again we witness another puzzling situation in… Read More »Appeals Court Judge Lights into Disproportionate Legal Costs
Who’s there What happens Why it matters How you feel Joint session- parties and mediator Mediator describes the process and their hope to find a… Read More »Mediation – Charting Typical Client Feelings